Section 14 Manual of the South
African Human Rights Commission
(prepared in terms of the Promotion of
Access to Information Act (PAIA) of 2000)
1
TABLE OF CONTENTS
1. Introduction
4
1.1. Establishment of the SAHRC
1.2. Objectives of the SAHRC
2. Structure of the SAHRC
5
3. Organogram
6
4. Key Contact Details for Queries
7
5. Contact Details for the Regional
Offices
8
6. Guide on how to use the Access to
Information Legislation: Section
14 (1) (c).
9
7. Categories of records
10
8. Core operational programmes
11
9. Thematic programmes.
12
10. Categories of records
automatically available
13
11. Categories of records not
automatically available.
17
12. Public involvement in the
formulation of policy and exercise
of power: Section 14 (1) (g).
18
13.
19
Request procedure
13.1 Telephonic request
13.2 Voluntary access
13.3 Formal request: Section 14 (1)
(d).
2
3
14. Payment method
20
15. Remedies for non compliance
20
16. Updating of the manual
21
17. Availability of the manual
21
18. Request to Minister for
compilation of one manual
21
19. Exemptions from the Minister
21
20. Missing Records
21
21. Disposal of Records
21
22. Schedule of fees
22
23. Request Form A
23
1. Introduction
The South African Human Rights Commission (Commission) is committed to the
observance of and compliance with the directives of the Constitution and national
legislation like the Promotion of Access to Information Act (PAIA). It eschews the key
principles of good governance, transparency and accountability.
In the pursuit of its objectives the Commission encourages the sharing of information
with requesters and members of the public as optimally as is possible. Informed public
scrutiny can only strengthen the democratic ideals the Commission advances.
The information in this manual provides a roadmap to the Commission which clearly
demonstrates the services the Commission provides together with the information
necessary to ensure that the processes of information sharing are expeditious and
affirming.
1.1 Establishment of the Commission
The South African Human Rights Commission was established pursuant to Section 181
of the Constitution of the Republic of South Africa, Act 108 of 1996.
The legislative powers of the Commission are given force through the Human Rights
Commission Act 54 of 1994.
1.2 Objectives of the Commission
The Commission’s primary objective is to provide support to a constitutional democracy.
Section 184 (1) of the Constitution provides the broad primary functions of the
Commission in the execution of this mandate. The key functions are:
4

Promoting respect for human rights and a culture of human rights;

Promoting the protection, development and attainment of human rights; and

Monitoring and assessing the observance of human rights in the country.
2. Structure of the Commission
The Commission consists of a national office situated in Gauteng and regional offices in
each of the 9 provinces.

Eastern Cape: East London

Free State: Bloemfontein

Gauteng: Johannesburg

Kwa Zulu Natal: Durban

Limpopo: Polokwane

Mpumalanga: Nelspruit

Northern Cape: Upington

North West: Rustenburg

Western Cape: Cape Town
The Commission is served by six Commissioners appointed by the President of the
country. Adv. L Mushwana and Ms P Govender serve respectively as the Chair and
Deputy Chair of the Commission.
Commissioners L Mokate and B Malatji are full time Commissioners and,
Commissioners D Titus and J Love and serve as part-time Commissioners of the
Commission.
The secretariat performs its functions through various departments and is headed by the
Chief Executive Officer, Kayum Ahmed and the Chief Operations Officer responsible for
programme support, Lindiwe Khumalo and the Chief Financial Officer, Petrus Makaneta.
5
3. Organogram of the South African Human Rights Commission
4. Key Contact Details for Access to Information Queries
Information Officer:
Mr. Kayum Ahmed
PA: Ms J Hollenbach
Tel: 011 877 3600
Email: jhollenbach@sahrc.org.za
Deputy Information Officer:
Mr. Fola Adeleke
Tel: 011 877 3810
Email: fadeleke@sahrc.org.za
Access to information general contacts:
PAIA Helpdesk: paia@sahrc.org.za
National Head Office
Postal Address:
The South African Human Rights Commission
33 Hoofd Street
2nd Floor
Forum III, Braampark
Braamfontein, Gauteng
2041
Physical Address:
The South African Human Rights Commission
33 Hoofd Street
2nd Floor
Forum III, Braampark
Braamfontein, Gauteng
2041
7
Telephone
(011) 877 3600
Fax
(011) 403 0625
Email
paia@sahrc.org.za;info@sahrc.org.za;complaints@sahrc.org.za
Website
www.sahrc.org.za
5. Contact Details for Regional Offices of the Commission
North West Province
Northern Cape Province
170 Klopper Street
45
PO Box 9586
Ancorley
Rustenburg
PO Box 1816
0300
Upington
Tel: 014 592 0694
8800
Fax:014 594 1069
Tel: 054 332 3993
Mark
and
Scot
Building,
Road,
Upington
Fax:054 332 7750
8
Western Cape Province
Mpumalanga Province
ABSA Building 7th Floor
4th Floor Carltex Building
132 Adderley Street
32 Bell Street
PO Box 3563
PO Box 6574
Cape Town
Nelspruit
8001
1200
Tel: 021 426 22 77
Tel: 013 752 5870/8292
Fax: 021 426 28 75
Fax: 013 752 6890
Eastern Cape Province
Limpopo Province
1st floor Oxford House
1st Floor, Office 102 Library
86 Oxford Street
Garden Square
East London
Corner
of
5200
Grobler
Streets,
Tel:043 722 7828
Tel: 015 291 3500
Fax: 043 722 7830
Fax: 015 291 3505
Gauteng Province
Kwa - Zulu Natal
2nd Floor, Braampark Forum 3, First
Floor,
Schoeman
and
Polokwane
136
33 Hoofd Street,
Mncadi,
Braamfontein
Durban
Tel: 011 877 3750
Tel: 031 304 7323/4/5
Fax 011 403 0668
Fax: 031 304 7323
Margaret
Free State Province
50
East
Burger
Street
st
1 floor TAB building
Bloemfontein
9300
T: 051 447 1130
F: 051 447 1128
6. Guide on use of the Access to Information Legislation. Section 14(1) (c)
The Commission launched a Guide on the 01 March 2005. The Guide, which is available
in eleven official languages, has been distributed to public bodies. Members of the public
can inspect or make copies of the Guide from the offices of these public bodies. The
Guide can also be obtained from the website of the Commission (see link on pg5
above).
9
7. Categories of Records
Records held by the Commission are generated through each of its programs, through
the core operations processes and through the Commissioners.
Each program of the Commission generates substantive records which relate specifically
to the outputs of the program and operational records in the course of organizational
operations.
The categories of records generated in the Commission are classified in the manner
listed below:
According to the file plan for correspondence files on strategic support, core functions,
and operational processes of the Commission; The Records Control Schedule for Other
records including publications and audio-visual records and the electronic information
systems of the Commission.
Certain records are acquired in the course of work of the Commission and in certain
instances records are received from multiple levels of government in accordance with
legislation like PAIA.
The Commission reserves the right to transfer requests for records to relevant bodies
where these bodies were the primary holders or generators of the information requested,
or where the Commission no longer has possession of such record and to create new
categories of records where this is necessary. This manual will be updated to reflect
changes in categories of records accordingly.
10
ANNEXURE 1: LIST OF COMPONENTS/ PROGRAMMES AND SUMMARY OF
FUNCTIONS/ OPERATIONS
8. Category A – Strategic and Support
11
COM
COMMISSIONERS
CP
CHAIRPERSON
DCP
DEPUTY CHAIRPERSON
CEO
CHIEF EXECUTIVE OFFICER
COO
CHIEF OPERATIONS OFFICER
CFO
CHIEF FINANCIAL OFFICER
IAA
INTERNAL AUDIT AND RISK MANAGEMENT
STR
STRATEGIC SUPPORT AND GOVERNANCE
COMP
COMMUNICATIONS AND PUBLICATIONS
ICT
INFORMATION COMMUNICATIONS TECHNOLOGIES
MED
MEDIA
CORP
CORPORATE SERVICES
HR
HUMAN RESOURCES
ADM
ADMINISTRATION AND SUPPLY CHAIN MANAGEMENT
9. Category B – Programs of the Commission
Services to the public and stakeholders are primarily provided through the work
of the programs listed below.
12
HURAP
HUMAN RIGHTS AND ADVOCACY PROGRAMME
COMOUT
COMMUNITY OUTREACH
EL
E-LEARNING
NE
NATIONAL EVENTS
PAC
PUBLIC AWARENESS CAMPAIGNS
LSP
LEGAL SERVICES PROGRAMME
CPM
COMPLAINTS AND INFORMATION MANAGEMENT
LIT
LITIGATION
LAW
LAW CLINIC
PLC
PROVINCIAL LEGAL COORDINATION
PAIA
PROMOTION OF ACCESS TO INFORMATION (PAIA)
RM
RECORDS MANAGEMENT
RES
RESEARCH
BUS
BUSINESS AND HUMAN RIGHTS
ESR
SOCIO-ECONOMIC RIGHTS
CRI
CRIME
LIB
LIBRARY AND DOCUMENTATION CENTRE
ERP
EQUALITY RIGHTS PROGRAMME (PEPUDA)
RAC
RACISM
CHI
CHILDREN’S RIGHTS
DIS
DISABILITIES
HIV
HIV/AIDS
NN
NON-NATIONALS
OLD
OLDER PERSONS
ENV
ENVIRONMENT
PLLM
PARLIAMEMTARY LIAISON AND LEGISLATION MONITORING
ITBM
INTERNATIONAL TREATY BODY MONITORING
PLM
PROVINCIAL LEGISLATION MONITORING
10. Automatically Available Records
The access to information legislation provides for records which are automatically
available from the Commission. Such automatically available records usually do not
have information which can reasonably be said to be of a sensitive nature. Most records
which fall into this category of information are available from the documentation centre of
the Commission at its Head Office or on the Commission’s website: www.sahrc.org.za
Records Automatically Available
CATEGORY
DOCUMENT
AVAILABILITY WEBSITE
TYPE
Strategic
Establishment
Documents
Legislation
Plans
Charters
Proposals
Funding
√
Proposals
Risk
WSP
HR
SDIP
Contingency
Operational
Protocols
Policies/ Plans/
Agreements
√
Procedures/
Frameworks/
Supply Chain
Management:
13
√
√
Procurement
Plans;
Specific Tenders
& Contracts
Donations
Funds
Supplies
Revenue
Statements,
Reports and
Returns
Risk Management
Audit
IT
Finance
Management
Human
Resources
Marketing
and
Branding
Records
Management
SLAs
Manuals
Public Bodies
√
Private Bodies
Publicity
Marketing
& Publications,
√
√
Reports etc
Material
CATEGORY
DOCUMENT
AVAILABILITY WEBSITE
TYPE
Publications
Booklets
Books
Periodicals
14
√
√
Journals
Reports
√
√
releases √
√
Newsletters
Bulletins
Magazines
Pamphlets
E- Publications
Media
Press
Radio
&
TV
Interviews,
Statements
Participation
details
Official Speeches
√
and Messages
Gifts & Awards
√
√
Events
Presentations
Functions
Discussions
Subject
Seminars,
documents
availability and
Conferences
timelines
to
of
event
Registers
√
Internal
Directories
File Plan,
Records Control
Schedule
Reports/
Conferences
Minutes/
Research
Decisions
Findings
√
&
Subpoena based
hearings
HR Interventions
Public Hearings
Plenary reports
Annual Reports
15
√
Subject
availability
to
Monitoring
&
Evaluation
Statistics
Surveys
Supply
Chain Tender
Matters
√
documents
Levy Returns
Quotations:
Tenders
Leases
Finances
Estimates
√
Statements
Budgets
Reports
Audit Records
Audio-Visual
Slides
Recordings
Photographs
Films
Videos
16
√
11. Categories of Records Not Automatically Available
Category B (These records must be formally requested by lodging a request form* see
form on page 23 below)
CATEGORY OF RECORD
ON REQUEST ONLY
Commissioner service assessment reports
√
Commissioner internal communiqués
√
Executive Management internal sensitive
√
communication
Security related information
√
Records held by Legal Services
Department
Research conducted by service providers √
for the organization or programs subject to
contractual exemptions on disclosure
Confidential
client
communications
to √
programs
Privileged information: held in the course
√
of closed hearings, attorney client
information, national security based
information, third party information;
Specific Human Resource Personnel
information, including files relating to
17
√
discipline, medical information etc
Asset disclosures and asset protection √
procedures
Certain Service Level Agreements
√
Certain Tender Documentation
√
Agendas and Minutes of Meetings and
√
correspondence
Draft reports, policies and discussions √
documents
*The records listed in the categories above may be formally requested, but access to
parts of these records or the whole record may be refused on legal grounds.
The Commission further reserves the right to refuse access to records were the
processing of the record will result in a substantial and unreasonable diversion of its
resources. Access will also be refused where requests are clearly frivolous and or
vexatious.
12. Public Involvement in the Formulation of Policy and the Exercise of Power.
Section 14 (1) (g)
A substantial degree of public participation informs policy formulation at the Commission.
Traditionally participation is integrated through the general thematic work of the
programs in the form of hearings and workshops, campaigns, through committees which
include civil society actors and members of the public and through development
programs. The platform for public participation and involvement is extended to the ‘walk
18
in’ policy observed at the Commission. The policy allows for robust engagement with the
Commission which is unhindered by challenges of access.
The inputs and submissions of members of the public are considered intensively during
the formulation of the Commissions strategy planning at the end and commencement of
each new financial year.
13. Request Procedure
13.1 Telephonic Requests
Telephonic requests are permitted to the Commission. Such requests may be directed to
the deputy information officer or to the PAIA help-desk on the contact information stated
in this manual. Requesters may be directed to lodge formal requests where this is
established from the nature of the verbal request.
13.2 Voluntary Access
Information that is automatically available can be obtained from the website of the
Commission, or through its documentation centre. In certain instances a reproduction
fee may be imposed. Transcription and copying of records in other media attract
reproduction fees. The manner of access to these documents is not limited to inspection
and perusal.
13.3 Formal Requests and Fees Section 14 (1) (d)
The requester must complete the form attached to this manual, Form A. Requesters will
be assisted in completing the form if required ( see form on pg 18)

The requester must indicate the form or manner of access required.

The Commission will endeavour to provide information in the form indicated
where possible
19

A thirty working day time frame is permitted for a response to the request where
this is necessary. These thirty days may further be extended to another 30
working days on notification to the requester.

Fee impositions are required in terms of PAIA. A fee schedule is attached to this
manual (pg 16).
Fees are paid at the inception of a request and thereafter fees are incurred for
search processes and reproduction costs. Certain categories of persons are
exempt from paying fees. These categories include those who qualify on the
basis of their annual income and those who are requesting personal information.
Persons who are requesting personal information, about themselves or their minor
children do not have to pay a request fee. All other persons have to pay the request fee
of R35.00.
If a request is granted then a further access or search fee, is required. This fee is
calculated in terms of the rates fixed in the regulation attached. Fees are charged for
time spent searching for the record preparing and or reproducing the record/s.
14. Payment Method
All payments can be made in revenue stamps available from the post offices.
Requests for voluminous non personal records will not be accepted without payment.
15. Remedies Available if Provisions of the Act are not complied with
The aggrieved party has the right to approach the courts for relief where they are
dissatisfied with the imposition of fees; the time frames within which they received a
response from the Commission or with a decision to refuse access in part or fully.
The aggrieved party can at present only reach the High Courts of South Africa for
resolution of their grievances. They will shortly be able to take these matters to the
Magistrates Courts in their regions.
20
16. Updating of the Manual
This manual will be updated whenever amendments to current information need to be
reflected or annually.
17. Availability of the Manual
The manual is available in English and will be available in places of legal deposit, at the
Commission itself and on the website of the Commission.
Translated versions of the manual will also be made available in all 10 official languages.
The manual is also electronically available on the website of the Commission at:
www.sahrc.org.za
18. Request to the Minister for Compilation of One Manual
This manual is compiled solely for the Commission and no requests for combined
manuals with other constitutional or public bodies have been submitted to the Minister.
19. Exemption from the Minister from any Provision of this Section for a
Determined Period
The Commission is not exempt from any provision of this section.
20. Missing Records
Requestors have the right to receive a response on affidavit for records which cannot
reasonably be located, but to which a requestor would have had access had the record
been available.
21. Disposal of Records
The Commission reserves the right to lawfully dispose of certain records in terms of
authorities obtained from the National Archives and Records Service.
Requesters will be advised whether a particular record has been disposed of where this
is relevant to the records requested.
21
SCHEDULE OF FEES
Fees in respect of Public Bodies
1. The fee for a copy of the manual as contemplated in regulation 5(c) is R0, 60 for
every photocopy of an A4-size page or part thereof.
2. The fees for reproduction referred to in regulation 7(1) are as follows:
(a) For every photocopy of an A4-size page or part thereof
R
0, 60
(b) For every printed copy of an A4-size page or part thereof held on a
computer or in electronic or machine-readable form
0, 40
(c) For a copy in a computer-readable form on (i)
Stiffy disc
Compact disc
5, 00
40, 00
(d)
(e)
(i)
(ii)
(i)
(ii)
3.
4.
For a transcription of visual images, for an A4-size page or
part thereof
22, 00
For a copy of visual images
For a transcription of an audio record, for an A4-size page
or part thereof
60, 00
For a copy of an audio record
17, 00
12, 00
The request fee payable by every requester, other than a personal
requester, referred to in regulation 7(2) is R35, 00.
The access fees payable by a requester referred to in regulation 7(3) are as follows:
R
(1) (a) For every photocopy of an A4-size page or part thereof
0,60
(b)
For every printed copy of an A4-size page or part thereof held on a
computer or in electronic or machine- readable form
For a copy in a computer-readable form on (i)
Stiffy disc
(ii)
Compact disc
(d) (i)
For a transcription of visual images,
For an A4-size page or part thereof
(ii)
For a copy of visual images
(e) (i)
For a transcription of an audio record,
For an A4-size page or part thereof
(ii)
For a copy of an audio record
0,40
(c)
(f)
5, 00
40, 00
22, 00
60, 00
12, 00
17, 00
To search for and prepare the record for disclosure R15,00 for each hour or part of an hour,
excluding the first hour, reasonably required for such search and preparation.
(2) For purposes of section 22(2) of the Act, the following applies:
(a) Six hours as the hours to be exceeded before a deposit is payable; and
(b) one third of the access fee is payable as a deposit by the requester.
(3) The actual postage is payable when a copy of a record must be posted to a requester.
22
Formal Request Form for Documents not automatically
available
Form A
REQUEST FOR ACCESS TO RECORD OF PUBLIC BODY
(Section 18(1) of the Promotion of Access to Information Act, 2000
(Act No. 2 of 2000)
[Regulation 6]
FOR DEPARTMENTAL USE
Reference number:
Request received by
name and surname of information officer/deputy information officer on
(date) at
(place)
Request fee (if any): R………………………
Deposit (if any):
R ………………………
Access fee:
R………………………
…………………………………………Signature of information officer/deputy Information Officer
A
Particulars of public body
The Information Officer/Deputy Information Officer:
B
Particulars of person requesting access to the record
(a)
The particulars of the person who requests access to the record must be given below.
(b)
The address and/or fax number in the Republic to which the information is to be sent,
must be given.
(c)
Proof of the capacity in which the request is made, if applicable, must be attached.
Full names and surname:
Identity number:
Postal address:
Fax number:
Telephone number:
E-mail address:
Capacity in which request is made, when made on behalf of another person:
23
C.
Particulars of person on whose behalf request is made
This section must be completed ONLY if a request for information is made on behalf of another person.
Names and Surname:
Identity number:
D.
Particulars of record
(a)
Provide full particulars of the record to which access is requested, including the
reference number if that is known to you, to enable the record to be located.
(b)
If the provided space is inadequate, please continue on a separate folio and attach it to
this form.
The requester must sign all the additional folios.
1
2
3
E.
Description of record or relevant part of the record:
Reference number, if available:
Any further particulars of record:
Fees
(a)
A request for access to a record, other than a record containing personal information about
yourself, will be processed only after a request fee has been paid.
(b)
You will be notified of the amount required to be paid as the request fee.
(c)
The fee payable for access to a record depends on the form in which access is required and the
reasonable time required to search for and prepare a record.
(d)
If you qualify for exemption of the payment of any fee, please state the reason for exemption.
Reason for exemption from payment of fees:
___________________________________________________________________________
F.
Form of access to record
If you are prevented by a disability to read, view or listen to the record in the form of access provided for
in 1 to 4 below, state your disability and indicate in which form the record is required.
Disability:
24
Form in which record is required:
Mark the appropriate box with an X.
NOTES:
(a) Compliance with your request for access in the specified form may depend on the form in
which the record is available.
(b) Access in the form requested may be refused in certain circumstances. In such a case
you will be informed if access will be granted in another form.
(c) The fee payable for access to the record, if any, will be determined partly by the form in
which access is requested.
1. If the record is in written or printed form:
copy of record*
inspection of record
2. If record consists of visual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc:
transcription of the
view the images
copy of the images*
images*
3. If record consists of recorded words or information which can be reproduced in sound:
listen to the soundtrack
(audio cassette)
transcription of soundtrack*
(written or printed document)
4. If record is held on computer or in an electronic or machine -readable form:
copy in computer
readable form*
printed copy of record'
(stiffy or compact
disc)
*If you requested a copy or transcription of a record (above), do you wish the
YES
copy or transcription to be posted to you?
NO
Postage is payable.
Note that if the record is not available in the language you prefer, access may be granted in the
language in which the record is available.
printed copy of information
derived from the record*
In which language would you prefer the record?
G.
Notice of decision regarding request for access
Requesters will be notified whether their request has been approved/denied. If you wish to be informed in
another manner, please specify the manner and provide the necessary particulars to enable compliance with
your request.
How would you prefer to be informed of the decision regarding your request for access to the record?
__________________________________________________________________________________
Signed at …………………………….. this ………..day of…………20
SIGNATURE OF REQUESTER/
PERSON ON WHOSE BEHALF REQUEST IS MADE
25